欧盟法规1动物运输福利Word文档格式.docx

1、THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament 1,Having regard to the Opinion of the European Economic an

2、d Social Committee 2,Following consultation of the Committee of the Regions,Whereas:（1） The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard

3、 to the welfare requirements of animals.（2） Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport 3, the Council has adopted rules in the field of the transport of animals in order to eliminate technical barriers to trade in live animals and to allow ma

4、rket organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.（3） The Report from the Commission to the European Parliament and the Council on the experience acquired by Member States since the implementation of Council Directive 95/29/EC of 29 J

5、une 1995 amending Directive 91/628/EEC concerning the protection of animals during transport 4, as required under Directive 91/628/EEC, recommended amending current Community legislation in this field.（4） Most Member States have ratified the European Convention for the protection of animals during i

6、nternational transport and the Council has given a mandate to the Commission to negotiate on behalf of the Community the revised European Convention for the protection of animals during international transport.（5） For reasons of animal welfare the transport of animals over long journeys, including a

7、nimals for slaughter, should be limited as far as possible.（6） The Council invited the Commission on 19 June 2001 5 to submit proposals for ensuring effective implementation and strict enforcement of existing Community legislation, improving the protection and welfare of animals as well as preventin

8、g the occurrence and spread of infectious animal diseases, and putting in place more stringent requirements so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.（7） On 13 November 2001, the European Parliament called on the Commission

9、 to present proposals for amending existing Community rules on the transport of livestock, in particular with a view to:- consulting the competent scientific committee on the duration of animal transport,- presenting a harmonised European model certificate for transporters; harmonising route plans f

10、or long transport,- ensuring that any member of staff handling livestock during transport has completed a training course recognised by the competent authorities, and- ensuring that veterinary checks at Community border inspection posts include comprehensive inspection of the welfare conditions in w

11、hich animals are transported.（8） The Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the welfare of animals during transport on 11 March 2002. Community legislation should therefore be amended to take into account new scientific evidence while giving priority to the ne

12、ed for its enforceability to be properly ensured in the immediate future.（9） Specific provisions for poultry, cats and dogs will be set out in appropriate proposals when the relevant opinions of the European Food Safety Authority （EFSA） are available.（10） In the light of experience gained under Dire

13、ctive 91/628/EEC in harmonising Community legislation on the transport of animals, and the difficulties encountered due to the differences in transposition of that Directive at national level, it is more appropriate to set out Community rules in this field in a regulation. Pending the adoption of de

14、tailed provisions for certain species having particular needs and representing a very limited part of the Community livestock, it is appropriate to allow Member States to establish or maintain additional national rules applying to transport of animals of such species.（11） In order to ensure a consis

15、tent and effective application of this Regulation across the Community in the light of its basic principle according to which animals must not be transported in a way likely to cause injury or undue suffering to them, it is appropriate to set out detailed provisions addressing the specific needs ari

16、sing in relation to the various types of transport. Such detailed provisions should be interpreted and applied in accordance with the aforesaid principle and should be timely updated whenever, in particular in the light of new scientific advice, they appear no longer to ensure compliance with the ab

17、ove principle for particular species or types of transport.（12） Transport for commercial purposes is not limited to transport where an immediate exchange of money, goods or services takes place. Transport for commercial purposes includes, in particular, transport which directly or indirectly involve

18、s or aims at a financial gain.（13） The unloading and subsequent reloading of animals could also be a source of stress for them and contact at control posts, formerly referred to as staging points, could in certain conditions lead to the spread of infectious diseases. It is therefore appropriate to p

19、rovide for specific measures safeguarding the health and welfare of animals when resting at control posts. As a result, it is necessary to amend the provisions of Council Regulation （EC） No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred

20、to in the Annex to Directive 91/628/EEC 6.（14） Poor welfare is often due to lack of education. Therefore, training should be a prerequisite for any person handing animals during transport and training should be provided only by organisations approved by the competent authorities.（15） Welfare conditi

21、ons of animals during transport result mainly from the day-to-day conduct of the transporters. Checks by competent authorities may be hindered as transporters can freely operate in different Member States. Therefore, transporters should be more accountable and transparent concerning their status and

22、 operations. In particular they should provide proof of their authorisation, systematically report any difficulty and keep precise records of their actions and the results.（16） Animal transport involves not only transporters but also other categories of operators such as farmers, traders, assembly c

23、entres and slaughterhouses. As a consequence, some obligations regarding the welfare of animals should be extended to any operator involved in the transport of animals.（17） Assembly centres play a critical role in the transport of some livestock species. Therefore, assembly centres should ensure tha

24、t Community legislation on the protection of animals during transport is known and respected by their employees and visitors.（18） Long journeys are likely to have more detrimental effects on the welfare of animals than short ones. Hence specific procedures should be designed to ensure better enforce

25、ment of the standards, in particular by increasing the traceability of such transport operations.（19） Council Regulation （EEC） No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport 7 provides for maximum driving periods and minimum rest periods

26、for road drivers. It is appropriate that journeys for animals are similarly regulated. Council Regulation （EEC） No 3821/85 of 20 December 1985 on recording equipment in road transport 8 provides for recording equipment to be installed and used to ensure effective checking on compliance with social l

27、egislation concerning road transport. It is necessary that such record data be made available and checked so as to enforce travelling time limits under animal welfare legislation.（20） Insufficient exchange of information between competent authorities leads to inadequate enforcement of Community legi

28、slation for the protection of animals during transport. Accordingly, it is necessary to set up flexible procedures to improve the level of collaboration between the competent authorities in the different Member States.（21） Registered Equidae, as defined in Article 2（c） of Directive 90/426/EEC 9, are

29、 frequently transported for non-commercial purposes and such transports must be carried out in line with the overall objectives of this Regulation. Having regard to the nature of such movements, it appears appropriate to derogate from certain provisions where registered Equidae are transported for c

30、ompetition, races, cultural events or breeding. However, it is not appropriate to apply such derogation to Equidae transported, directly or after transit through a market or marshalling centre, to a slaughterhouse for slaughter, which in accordance with Article 2（d） and 8（1）, second indent of Direct

31、ive 90/426/EEC, are to be considered as Equidae for slaughter.（22） Inadequate follow-up of infringements of legislation on animal welfare encourages non-compliance with such legislation and leads to distortion of competition. Therefore, uniform procedures should be established throughout the Communi

32、ty to increase checks and the imposition of penalties for infringements of animal welfare legislation. The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.（23） A significant number of animals are transported by livestock vessel